, 1887-06-22

declaration OF withdrawal Until the absence
caused by the departure had lasted months.
Referring to the question as to the time
from which the said term OF four months is
to be calculated, the Ministry cannot see
that the Colonial Law leaves room for any
doubt in this respect5 seeing that it prescribes
that departure ii. e. absence from the NUM-
cipality) for a longer time than 4 months
shall cause withdrawal, so that hence it is
quite immaterial, when the communication
from the party In question is read In the
Council, or, indeed, that it is read at all.
It is also self-eyident that such reading could
under no circumstances be suitable as point
of departure In the calculation of the term,
seeing that the communication might be
handed in some time before or after the de-
parture, or might even be altogether omitted.
In accordance with the categorical enact.
ment of the Colonial Law concerning with
drawal when the term of 4 months Is exceed
ed, it is in principle correct that the Colonial
Council always Immediately when the term is
expired, either by the chairman, or In de-
fault thereof by Government, is convoked to
an extraordinary meeting for the purpose of
declaring the seat vacant whereupon writ for
q new election is to be issued, but if, not
w~ithstanding, the Ministry does not wish to
lay it Town as an absolute rule for Govern
ment that this procedure should be applied
in all cases, it is because that under different
p~resupposed conditions such In acceleratlon
of the former declaration of the withdrawal
cannot reach the plain intention OF the enact
ment: to keep the complement of members
full and hence would be quite superduous.
This will notably be the case when the 4
months term ends in the course of the last
3 months before q General Election, seeing
that IN this case, under another enactment
in s S47of the Colonial Law, a new special
election could at all events not be held, and
IN mother cases also the existing relations might
be of such a nature that withdrawal at a
given moment, with consequent new election,
might cause even q longer vacancy of the
seat, f. i. if at the expiration of the 4 months
term it ceuldsbe- expected with. certainty that
the absent member would be back very soon,
perhaps even before an ordinary meeting soon
to be held.
The Ministry hence must leave it altogeth-
er to Government under consideration of the
special circumstances in every occurring
case, to Judge as to whether it will be more
correct to leave it to the Colonial Council to
take the initiative in respect Of declaring the
vacancy of the seat of a member who has
been absent for more than 4 months, or
whether Government ought to take the init.
alive in this regard by formally demanding
such a declaration from the Council, in an
extraordinary meeting called for the purpose
or for some other purpose, or IN an ordinary
meeting.
When Government has demanded such
declaration from the Colonial Council, it is q
matter of course that the Council-provided
the departure and it's duration upward of 4
months is notorious or proved as a matter
of facts bound by the categorical prescrip-
ton in = "a of the Colonial Law that the fact
in question causes withdrawal, and that
hence the Council cannot refuse to declare,
in accordance with 5 46 of said Law, the
seat to, be vacant, seeing that neither the
last mentioned enactment, nor any other
enactment in the Colonial Law, gives the
Council authority to make exception from
the aforementioned absolute prescription in
"a. 8
With reference especially to the case which
has caused the Government to communicate
with the Ministry, it will, be seen from the
foregoing expose, that as Government had
not demanded from the Colonial Council a
declaration concerning the absent members
withdrawal, and as no question thereof was
raised in the Council itself before it was rails
ed1in a meeting in which the returned men,
Der took part, the Ministry must agree with
the majority of the Council that there could
no longer be question of the withdrawal of
the person m question on the ground of de-
parture.3 sai9 9df III s.t.f